To be sucessful with the contraria, the gestor must prove 5 requirements. LEARNING UNIT 7: AD HOC EXTENSIONS
1. IMPROVEMENTS OR ATTACHMENTS This applies when a person spends money, labour and or materials to improve a third party’s property. Where movable things belonging to one person, have been attached to the movable or immovable property of another person. If the property to which they have been attached is immovable then they become part of that immovable property and the owner of the immovable property becomes the owner of the whole property. If the property to which they have been attached is movable, then the owner of one of the movable things becomes owner of the whole movable, according to the law of property. [inaedificatio and accessio] Actions of a non-owners (third parties) may lead to the enrichment of the property owner and the impoverishment of the improver. [SEE: Couws v Jester Pools and Buzzard Electrical - Unit 1] 2. CATEGORY OF PERSONS (PRINT COLUM DOCUMENT OF POSSESSOR AND HOLDER)
2.1 Bona fide possessor (a) remedies A bona fide possessor loses his ownership of material/movable attached to the immovable property of another because the owner of the immovable property became owner thereof by way of accessio. Right of recourse - The owner of the ancillary thing who lost his ownership after attachment has a right of recourse against the new owner of the principal thing or the whole based on unjustified enrichment if such owner is in fact enriched by the attachment. Ius Tollendi - The bona fide possessor can remove any improvements or attachments (ius tollendi), while still in possession of the property. The bona fide possessor may not damage the property and he may remove his improvements at any time before the owner of the property claims it. He may only remove it ,afterwards, if the owner refuses to compensate him. Compensation – in general entitled to all expenses except for luxurious improvements. Compensation can only be claimed for money spent or cost of materials, but not for labour or the interest on expenses. May claim for lost income resulting from the expenditure of his labour. (b) compensation Necessary Improvements -
can claim for all necessary expenses in respect of the preservation or protection of the property of another if his efforts were successful. Useful Improvements - can claim for all useful expenses or to the amount by which the value of the property has been enhanced, whichever is the least. Luxurious Improvements - are expenses which are neither necessary nor useful and normally cannot be claimed, except where the owner is in the process of selling the property for an increased purchase price or the produce of the property has been increased as a result of the expenses. [Couws v Jester Pools] Fruits - the moment before the possessor becomes aware that the possession is unlawful, the value of the fruit gathered
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